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max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1893
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I have been divorced for eight years and me and my ex spouse

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I have been divorced for eight years and me and my ex spouse have one child together. In our parental agreement we agreed the child would live with me the mother during the school year and visit father summers. Well I am a military member who got tasked with a 6 month deployment and I had to send our child to live with father for the school year. Now the father says I can not. I return next feb and the father is saying I can not get her back or see her until the end of the school year. Can he legally do that.

max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation. Great question. It seems you agreed to let the child live with the father. The question is whether the child could live with the father only while you're deployed - after which point the court order goes back into effect - or during the whole school year. And, which interpretation will be based on the express terms of your agreement. Was it in writing? If not, what do emails, text messages, etc. seem to indicate? That's the basis for whether you can get the child back when you return.


 

max713 :

Remember, this is legal information and not legal advise.


 

max713 :

Does that make sense?


 

Customer: It is in our divorce decree under our parenting plan that I have in writing signed and stamped by the court. Our agreement was she would return back to me when I deployed now he says he doesn't thinks that is best. Thank you makes sense and very satisfied with the answer
max713 :

You are most welcome; it's my pleasure to assist. To clarify, if he said the child would be returned when you returned from deployment, that is the agreement.


 

max713 :

Is there anything further I can answer? I am happy to assist.


 

max713 :

If not, I hope you will rate me well for having my assistance.


 

max713 :

"for my assistance"


 

Customer: Yes that was the agreement but now he has a change of heart and feels she should finish the school year with him. He said he agree initially only so I would not be upset
max713 :

There are two options. (1) Go with the agreement = returned to you upon termination of deploy or (2) default = court order, in which the child is returned to you.


 

max713 :

He cannot create a new agreement on his own after the fact.


 

max713 :

Does that make sense?


 

Customer: Yes thank you very much
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